Todd v. Mayor of Frostburg

⁶⁹⁴ Urner, J, delivered the opinion of the Court. The Mayor, and Councilman of Frostburg sued the appellee, before a justice of the peace of Allegany County, to recover the sum of seventy-five dollars, as a license fee, under a municipal ordinance,- for the sale of intoxicating, liquors on prescriptions issued by him as a druggist, under a federal permit, during the year 1920. A separate suit was brought to recover a similar license fee for the following year. Judgments were rendered by the justice in favor of the plaintiff for the amounts claimed.

The defendant then appealed to the "Circuit Court for Allegany County. The trial of the cases there resulted in an affirmance of the judgments. An appeal to this Court was then entered in -each case. The suits were resisted on the ground of the alleged un- . constitutionality of an amendment to the charter of Frost-burg, by which the ordinance imposing the license fees in dispute-was authorized.

The contention was that the title of chapter 88 of the Acts of 1902, which conferred that power upon the municipality, was not in conformity with the requirements o-f section 29 of article- 3 of the Constitution. The sufficiency of the title, which described the act as one repealing and re-enacting with amendments certain sections of article 1 of the Code of Public Local Laws, relating to the town of Frostburg in Allegany County, is fully sustained by the decisions of this Court. Kingan Packing Assn. v. Lloyd, 110 Md. 625 ; Worcester